06-02-15 Regular Meeting MinutesJUNE 2, 2015
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at
City Hall at 6:00 p.m., Tuesday, June 2, 2015.
1. Roll call showed:
Present- Vice Mayor Shelly Petrolia
Deputy Vice Mayor Alson Jacquet
Commissioner Mitch Katz
Commissioner Jordana Jarjura
Mayor Cary Glickstein
Absent - None
Also present were - Donald B. Cooper, City Manager
Noel Pfeffer, City Attorney
Chevelle D. Nubin, City Clerk
2. The Pledge of Allegiance to the flag of the United States of America was
given.
3. APPROVAL OF MINUTES:
Mr. Katz moved to approve the Minutes of the Regular Meeting of
January 6, 2015, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted
as follows: Upon roll call the Commission voted as follows: Deputy Vice Mayor
Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor
Petrolia — Yes. Said motion passed with a 5 to 0 vote. Said motion passed with a 5 to 0
vote.
4. PRESENTATIONS:
4_l. Lake Worth Drainage District 100th Anniversary — June 15, 2015
Mayor Glickstein read a proclamation hereby extending appreciation and
special recognition to Lake Worth Drainage District on the occasion of its 100th
Anniversary.
4.2. Delray Beach Community Redevelopment Agency 30th Anniversary —
June 30, 2015
Mayor Glickstein read a proclamation hereby recognizing and proclaiming
June 2015 as Delray Beach Community Redevelopment Agency 30th Anniversary Month
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in the City of Delray Beach. Jeff Costello, Executive Director of the Community
Redevelopment Agency (CRA) came forward to accept the proclamation and gave a few
brief comments.
4.3. Delray Beach Center for the Performing Arts Charrette Report
Chris Brown, RMA, speaking on behalf of the Delray Beach Center
for the Arts and the Community Redevelopment Agency (CRA), stated their firm
held two (2) public charrette sessions and he gave a brief overview of some of the
comments expressed by citizens concerning the desire to redevelop the grounds around
Old School Square.
Brief discussion by the City Commission ensued.
At this point, the Commission moved to Comments and Inquiries on
Agenda and Non -Agenda Items from the City Manager and the Public Immediately
Following Presentations.
S.A. Citv Manager's response to prior public comments and inquiries.
With regard to issues concerning dogs on the beach expressed at the May
20, 2015 City Commission meeting, the City Manager stated that is under study at this
point. The City Manager stated as he indicated in his memorandum to the Commission,
until he has a recommendation or direction from the Commission to the contrary the City
will be enforcing the ordinances as they apply. The City Manager stated staff will bring
back to the Commission depending upon the results of the study.
S.B. From the Public.
5.11.1. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), stated he attended the CRA meeting where there
was discussion about Old School Square. Dr. Kirson stated CRA Board Commissioner
William Branning made a comment that the Old School Square Park was going to be a
national/international tourist center. Dr. Kirson stated he would like to see some
improvements done but he expressed concern that they want this to be a tourist center and
the cost that it will involve.
5.11.2. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445 (Chatelaine),
thanked the City Commission for recognizing the Lake Worth Drainage District
(L.W.D.D.) tonight and encouraged everyone to check the Lake Worth Drainage District
(L.W.D.D.) website where they have a series of videos historically explaining their work
over the last 100 years and it is connected to the history of the United States. Ms. Finst
stated she feels that this is a must see for children and families because these videos
explain where we were 100 years in this county or district and how where we got here
today geographically because of the drainage districts. She feels if people watch the
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videos they will be really surprised and be more connected to the area.
5.B.3. Steve Blum, 115 Venetian Drive, Delray Beach, FL 33843 (Antilles
Homeowner's Association), expressed concern over Item 7.B. on the Agenda and stated
$30,200.00 calls for the architects to just synchronize all of the short, mid, and long-term
recommendations of the six-year old Beach Master Plan into a conceptual Master Plan
and providing cost estimates. Mr. Blum suggested to bring like minds to give Delray
Beach examples of what other beaches have done worldwide and ideas how to make
Delray Beach a world class beach. He stated a great percentage of Delray's population
has left town and will not return for 6-8 months. Mr. Blum stated those tax paying
individuals deserve to offer input before any plans move forward and he feels those
taxpayers deserve fresh, new, and innovative ideas. In his opinion, Mr. Blum stated
$30,200.00 for the services of this architectural firm is a waste of taxpayers' money and
Suzanne Davis, Director of Parks and Recreation was not contacted on this and has not
seen any updates whatsoever. Mr. Blum suggested that electronic devices be installed in
the pavilion so that everyone can bring their laptop computers onto the pavilion and work
there while looking over the beach.
5.B.4. Robert George gave a few brief comments and history of Item B.I.,
Amendment to Triparty Agreement/Release of Right of Reverter Encumbering Real
Property/Old Library Site and Chamber Relocation. Mr. George stated September 12,
2012 that Purchase and Sale Agreement was terminated and consequently with respect to
the warranty deed there were subject to revisions one of which was the Purchase and Sale
Agreement success otherwise if it was terminated Lots 14-18 had to revert back to the
city. He stated that did not take place and at the November 20, 2012 City Commission
meeting there was a new Triparty Interlocal Agreement issued in which the City agreed
to release the CRA of the reverter clause and that agreement was not signed until March
8, 2013 and was recorded in July 2013. Mr. George asked if the agreement that was
signed on March 8, 2013 was valid and legal why the City is being asked to reduplicate it
again.
5.B.5. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, thanked
the City Commission for formally moving the Parking Management Plan forward. Mr.
Warner read into the record a quote from Mayor Glickstein from the May 12, 2015 City
Commission Workshop meeting.
5.B.6. Ron Nobili, 159 Marine Way, Slip #15, Delray Beach, FL 33483
(member of the discriminated class of residents livinlz within the Marina Historic
District), read a brief statement into the record regarding the Marina and the on -street
parking.
5.B.7. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444,
commended Mr. Pfeffer and Mr. Cooper for their work and noted their evaluations will
be discussed tonight.
Secondly, Ms. Moody stated there are legal problems with IG Office,
fraud, and the CRA thinks they are going to build on property that is City owned. Ms.
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Moody stated she does not believe that big projects are going to change Delray and
commented that employees are still quitting.
5.B.8. Ari Whiteman, 5091 Washington Road, Delray Beach, FL 33484,
urged the City to prioritize its projects because there is a lot of maintenance to do in the
city including all the buildings.
5.B.9. Daniel Rhodes, 323 N.E. 6th Avenue, Delray Beach, FL 33483
(Advocate for small businesses in the area), invited everyone to attend a "Meet and
Greet" on Friday, June 12, 2015 from 7:30 a.m. to 9:00 a.m. at a new bakery located at
814 N.E. 6th Avenue.
Secondly, Mr. Rhodes stated a man by the name of Wayne "Doozie"
Martin passed away two years ago and noted he was a very influential person at Atlantic
High School. Mr. Rhodes stated he was a mentor to a lot of people and he passed away
two (2) years ago. Mr. Rhodes urged the City to erect a memorial somewhere in the city
(i.e. renaming the 505 Teen Center Basketball Court) because he was a very important
part of Delray Beach. Mr. Rhodes stated he sent videos to the City Commission about
Mr. Martin's life.
5.B.10. Jim Chard, Chairman of Human Powered Delray (HPD), 401 S.E. 4th
Avenue, Delray Beach, FL 33483, commented about the Old School Square project and
expressed concern over the process. Mr. Chard stated the standard process for something
of this importance to a community such as ours is not a competition. Mr. Chard stated he
does not know if this is the best plan, planner, or architect because there are no other
alternatives and he would like to see a process that is much more open.
5.B.11. Bob Currie, Currie Sowards Aquila and 185 N.E. 4th Avenue, #101,
Delray Beach, FL 33483, stated several years ago ninety (90) people attend two (2)
charrettes and noted the Master Plan was a design by the community. Mr. Currie stated
he volunteered his time to design the gazebos and the pavilions because he loves this
town and the beach is such an important process. He suggested that fundamental things
such as the need for new showers and getting the meters off the sidewalk so that
pedestrians have a place to go. Mr. Currie stated the intent of the updated Master Plan to
look at other alternatives around the world but one of the criteria by the community was
that they do not want it too fancy. Mr. Currie stated one of the things that came up in the
Charrette was people wanted to drive up Atlantic Avenue and look at the Atlantic Ocean.
He stated one of the elements they will also be looking at is a creative way to close off A-
1 -A and Atlantic Avenue at night only during turtle season and open up again. Mr.
Currie stated the Beach Property Owners' Association (BPOA) gave $60,000.00 toward
the pavilion.
5.B.12. Hannah Connell, 1 S.E. 4th Avenue, Delray Beach, FL 33444,
commented about Item 8.I., Amendment to Triparty Agreement/Release of Right of
Reverter Encumbering Real Property/Old Library Site and Chamber Relocation the
amendment to the Triparty Agreement of the Release of Right of Reverter on a public
parking lot that was given publicly given to Delray Beach. Ms. Connell stated people are
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considering fancying up a beautiful space and that is exciting but meanwhile a public
space that served this city very well for many years has been left boarded up for more
than a decade and ignored. Ms. Connell stated the city has a chance to take back half of
that space and decide what is the best use and what is the best thing for the city,
taxpayers, and the people who that land was given to. Ms. Connell urged the
Commission to reconsider re -conveying the old city lot of public property and public land
that once housed the old city facilities of a Police Station, Fire Station, and community
center.
5.11.13. Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33483,
commented about Item 8.F. and stated the City needs to spend money on the maintenance
of what we already have not more new things have. Mr. Humanik stated that area is used
for Green Markets, Festivals, and Friday night concerts. He stated this is an event venue
and is the only one the City has for outdoors and he likes it but it just needs to be
maintained.
Secondly, Mr. Humanik suggested that the City come up with a parking
solution that accommodates all of Delray Beach citizens (i.e. tourists, residents who live
here part of the year, and people who are spending money here). Mr. Humanik stated
that the parking facilities that we have with the passes we have allow the people who live
here to park there (i.e. reserve parking spaces).
Lastly, Mr. Humanik stated with respect to balkanizing the town by
having special regulations for special areas, the meetings will only get longer and more
divisive.
5.13.14. Jeff Costello, Executive Director of the Community Redevelopment
Agency (CRA), 20 North Swinton Avenue, Delray Beach, FL 33444, stated for
clarification the Old School Square Park is a City park and that the CRA assists the City
with these projects with respect to the funding for the design and the construction. Mr.
Costello stated there was a Phase II of the original park; the City was involved as well as
the CRA and the acquisition of the property where the park is and the construction of the
garage. Mr. Costello stated this is a community city project and the CRA is here to assist.
6. AGENDA APPROVAL.
The City Manager requested that Item 8.F., Bid Award (Bid No. 2015-
44) modified to only the Old School Square sod replacement.
The City Attorney requested that Item 8.I., Amendment to Tri -Party
Agreement/Release of Right of Reverter Encumbering Real Property/Old Library
Site and Chamber of Commerce Relocation be removed.
Vice Mayor Petrolia requested that Item 7.B., Service Authorization No.
12-07/Currie Sowards Aguila Architects for the Beach Area Master Plan, be moved
to the Regular Agenda as Item 8.A.A.
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Ms. Jarjura moved to approve the Agenda as amended, seconded by Vice
Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Katz — Yes; Ms.
Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor
Jacquet — Yes. Said motion passed with a 5 to 0 vote.
7. CONSENT AGENDA: City Manager Recommends Approval.
7.A. RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Motion to
Approve and ratify the actions of the South Central Regional Wastewater Treatment and
Disposal Board at their Quarterly Annual Meeting of April 16, 2015.
7.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 8.A.A.
7.C. RESOLUTION NO. 22-15/NUISANCE ABATEMENT ON FIFTEEN
(15) PROPERTIES: Motion to Approve Resolution No. 22-15 assessing cost for
abatement action required to remove nuisances on fifteen (15) properties throughout the
City of Delray Beach.
The caption of Resolution No. 22-15 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO CHAPTER 100 OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 22-15 is on file in the City Clerk's
office.)
7.D. PROCLAMATIONS:
1. None
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7.E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Motion to Accept the actions and decisions made by the Land Development
Boards for the period May 4, 2015 through May 15, 2015.
7.F. AWARD OF BIDS AND CONTRACTS:
1. Motion to Approve a purchase award from Don Reid Ford in
the amount of $27,185 via a piggyback contract utilizing the
Florida Sheriff's Association (FSA Contract #14-22-0904) for
one (1) Ford Explorer to be used by the Fire Department. This
is in compliance with the Code of Ordinances, Chapter 36,
Section 36.02, (C)(7), "Utilization of Other Governmental
Entities' Contracts". Funding is available from 501-3312-
591.64-20 (Garage Fund: Machinery/Equipment/Automotive).
Vice Mayor Petrolia moved to approve the Consent Agenda as amended,
seconded by Ms. Jarjura. Upon roll call the Commission voted as follows: Ms. Jarjura —
Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet —
Yes; Mr. Katz — Yes. Said motion passed with a 5 to 0 vote.
8. REGULAR AGENDA:
8.A.A. SERVICE AUTHORIZATION NO. 12-07/CURRIE SOWARDS
AGUILA ARCHITECTS FOR THE BEACH AREA MASTER PLAN: Motion to
Approve Service Authorization No. 12-07 with Currie Sowards Aguila Architects (RFQ
No. 12-05) in the amount of $30,200.00 for professional architectural services relating to
the Beach Area Master Plan project. This is compliance with the Code of Ordinances,
Chapter 36, Section 36.02(C)(3), "Professional Services". Funding is available from
334-4151-572-31.90 (General Construction Fund: Parks & Recreation/Professional
Services).
Randal Krejcarek, Director of Environmental Services, presented this item
to the Commission.
Vice Mayor Petrolia inquired as to why there are issues with the current
pavilion. Mr. Krejcarek stated the goal of the pavilion was to make it look exactly like
the old one which was painted white on the outside. Mr. Krejcarek stated know that it is
special treated wood they will have do additional maintenance on areas because of what
they did with the painting.
Mayor Glickstein commented about the wholesale discrepancies on the
fasteners.
Vice Mayor Petrolia expressed concern over the City spending $30,000
ending up with the same specs and issues as well.
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Mr. Krejcarek stated the $30,000 is not to do a design and specifications;
the $30,000 is do a conceptual drawing (no specs just a rendering of what it is supposed
to look like).
For clarification, Mayor Glickstein stated this is not a BPOA plan and
asked what the City is getting for this. Mr. Krejcarek stated one of the first things is to
conceptualize the project, and then you do your detailed design and specifications, then
bid the project, then build the project. Mr. Krejcarek stated as soon as they get the
conceptual drawings completed then they will do the detailed design which includes the
specifications, and then bid the project. Mr. Krejcarek stated staff will bring the
conceptual drawings back to Commission for direction and approval of them; staff will
not move with detail design until they receive approval from the Commission on the
concept. Mayor Glickstein stated once staff receives approval on this to ensure that
information gets posted to the City's website long before it comes to the public meetings.
Ms. Jarjura stated the professionals that designed the pavilion should have
known that by recreating that 1929 pavilion, you are not building a structure on the beach
that is conducive to beach elements and it is going to have a significant amount of
maintenance involved in it. The City Manager stated in the environment with those
materials it will require annual maintenance. Ms. Jarjura stated she feels the Commission
should have been advised that this pavilion does not work and inquired about the City
doing an RFP for multiple firms respond.
Mr. Krejcarek stated the City does not bid professional services and
explained that the firm that is the City is having done the conceptual drawings was a firm
that was intimately involved with the book that came out of the Charrettes so they have
the history with it. Mr. Krejcarek stated they have the history with it; typically when the
City does a project like this they stay with the same firm because of the history that they
have and it makes it easier for everyone as they move forward.
Mayor Glickstein inquired if the other pavilions are designed like this one.
Bob Currie, Architect with Currie, Sowards and Aguila, stated
everything that was specified on that building was stainless steel or high grade
galvanized. Mr. Currie stated there is nothing wrong with the structure; however, there
are some aesthetic things where the paint is only on the outside. Mr. Currie stated it is
going to take maintenance and it has to be cleaned, calked, and painted.
Vice Mayor Petrolia inquired about types of material that do not have this
issue that are more durable. Mr. Currie stated they priced other materials and it is four
times as expensive as wood.
Brief discussion by the Commission followed regarding the conditions of
the pavilion.
Mr. Katz stated he feels we need to do a better job at checking out these
vendors to make sure that the contractor is capable of completing the specs. Mr. Katz
stated although he supports this, but that going forward the City do a little more due
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diligence in whomever the City chooses. Mr. Katz suggested that there is a handicapped
walkway behind the pavilion and asked if it is part of the plan to keep the sand because
the sand of the walkway because the sand covers the walkway and makes it difficult for
the handicapped to get through.
Vice Mayor Petrolia moved to approve Item 8.A.A. (formerly Item 7.13.),
seconded by Mr. Katz. Upon roll call the Commission voted as follows: Mayor
Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr.
Katz — Yes; Ms. Jarjura — Yes. Said motion passed with a 5 to 0 vote.
8.A. FINAL SUBDIVISION PLAT AND WAIVER
REQUEST/CHARLES PENMAN PATERSON PLAT LOCATED AT 504 N.W.
8'FH AVENUE: Consider approval of a final subdivision plat for the property located at
N.W. 8th Avenue; and consider a waiver request to reduce the lot frontage from the
required 100 feet to the proposed 89.93 feet, and the lot width from the required 100 feet
to the proposed 80 feet for the property located 504 N.W. 8th Avenue. (Quasi -Judicial
Hearing)
Mayor Glickstein read the City of Delray Beach Quasi -Judicial rules into
the record for this item and Item 8.A., 8.11., 8.C., or 8.1).
Chevelle Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Deputy Vice Mayor Jacquet stated he had no ex parte communications
to disclose. Ms. Jarjura stated she has had multiple emails which are on the City server
and she had two telephone conversations with Ms. Kathy Alderman. Vice Mayor
Petrolia stated she had no conversations just emails which are on the City server. Mr.
Katz stated he met with neighbors and received lots of emails. Mayor Glickstein stated
he received emails which are on the City server.
Mark McDonnell, Assistant Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2014-192 into the record and presented
this item to the Commission. Staff recommends approval of the waiver to the lot frontage
and lot width, and approval of the final plat.
Cris Bennardo, 2920 N.W. 27th Avenue, Boca Raton, FL (Attorney
speaking on behalf of the applicant), gave a brief presentation and explained that this
lot is between Delray Lakes to the South and West and Lake Ida Shores to the East. Mr.
Bernardo stated this lot as presented meets those requirements of those surrounding lots
to the north (over 70% of those lots that are actually equivalent); this lot is a total of
about 16,400 square feet of area.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of this Item 8.A., to come forward at this time.
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Jack London, Peter Rice, and Neal O'Donnell came forward and gave a
few brief comments.
There being no one else from the public who wished to give testimony on
this item, the public comment was closed.
Mr. McDonnell and Mr. Bernardo had no cross-examination.
Mr. McDonnell gave a brief rebuttal and for the record stated there was a
comment from Mr. London that the land was given to the citizens and that should never
have happened; however, Mr. McDonnell stated that is the normal course when a right-
of-way is abandoned; half of the right-of-way goes to one adjacent property owner and
the other half goes to the other. Mr. McDonnell stated in this situation the property
owner to the North did not want her half of the right-of-way and sold it to this applicant.
Mr. McDonnell stated the resolution states that the City no longer had any use for that
area and that is one of the findings they have to make to support abandoning the right-
of-way. Secondly, Mr. McDonnell stated Mr. Rice mentioned that this is just for a profit
and he does not believe this would be a reason to oppose someone's application. Lastly,
Mr. McDonnell stated because they looked at the other lots north of this and when staff
looks at the waivers they look at the consistency and lot pattern in the area in order for
staff to make a positive recommendation.
Mr. Bernardo gave a brief rebuttal and stated this is private property and
the Patterson's have paid taxes on this lot as a buildable lot and has been mowing the lot
since 2005. Mr. Bernardo stated the green space was dealt with in 2006 and the City
abandoned the land and Mr. Patterson is now confronted with the reality of dealing with
this. Mr. Bernardo stated they are proposing the best use for that lot for both the
community and Mr. Patterson.
Brief discussion by the Commission followed.
Mayor Glickstein stated before the motion is made for the Board Order,
he would like it qualified that the City Attorney issue a letter to the County regarding
the taxation of this lot that it does not comply with the zoning classification and is
therefore unbuildable.
The City Attorney briefly reviewed the Board Order with the
Commission who made findings according to their consensus (attached hereto is a copy
and made an official part of the minutes).
Mr. Katz moved to deny the final plat (Charles Penman Paterson Plat)
and waiver; and, direct the City Attorney to issue a letter to the County regarding the
taxation of this lot that it does not comply with the zoning classification and is therefore
unbuildable, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as
follows: Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes;
Ms. Jarjura — Yes; Mayor Glickstein — Yes. Said motion to deny the final plat and
waiver passed with a 5 to 0 vote.
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At this point, Mayor Glickstein stated there was nothing in the staff report
that referred to the zoning classification in distinguishing it from the others; one of the
criteria that the Commission is looking at in the waiver is compatibility; the staff report
shows the depiction of the lot sizes, but it does not differentiate in narrative or otherwise
the difference between the R -1 -AAA zoning classification which is the most onerous
classification we have in the city. Mayor Glickstein stated if this comes up again in the
future it would be helpful for the Commission if staff could include this information in
the staff reports.
8.B. FINAL SUBDIVISION PLAT AND WAIVER REQUEST/BIG
SKINNY PLAT LOCATED AT 528 N.W. 1 AVENUE: Consider approval of a
final subdivision plat for the property located on the west side of N.W. 1St Avenue, south
of N.W. 6th Street; and consider a waiver request to reduce the lot frontage from the
required 75 feet to the proposed 50 feet, and the lot width from the required 75 feet to
the proposed 50 feet and the lot area from the required 9,500 square feet to 9,115 square
feet for the property located 528 N.W. 1sT Avenue. (Quasi -Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Deputy Vice Mayor Jacquet stated he had no ex parte
communications to disclose. Ms. Jarjura stated she received emails which are on the
City server. Vice Mayor Petrolia stated she received emails which are on the City
server. Mayor Glickstein stated he received emails which are on the City server. Mr.
Katz stated he received emails which are on the City server and he drove by it but there
was nobody there.
Mark McDonnell, Assistant Director of Planning and Zoning, entered
the Planning and Zoning Department project file #2015-144 into the record and gave a
brief presentation. Mr. McDonnell stated staff recommends approval of the waivers and
the final plat.
Mike Covelli, speaking on behalf of the Applicant, gave a brief
presentation and stated this is a unique situation because they meet the minimum
frontage requirement; however, because of the configuration of the lot, they do not have
the ability to remedy it and meet the actual zoning requirements.
For the record and for clarification, Ms. Jarjura stated it is unique from
the previous item in that there was an existing house on the lot and inquired if this was
demolished prior to the opinions being provided by the City. Mr. McDonnell stated the
current property owner purchased the property on April 29, 2014; the house was
demolished on July 14, 2014, building permits were submitted in October 2014; the
request for the determination to the Planning and Zoning Department was made in
November 2014; an email dated November 14, 2014 stating that is was a lot of record;
the City Attorney's office disagreed with the Planning and Zoning staff that it was not a
lot of record due to the literal interpretation of what is required to be a lot of record. Ms.
Jarjura clarified that was a practice, not a formalized rule and procedure in the Code.
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Mayor Glickstein stated that if anyone from the public would like to
speak in favor or in opposition of Item 8.B., to come forward at this time.
The following individuals from the public gave brief comments: Linda
Oxford, Daniel Valdez, Charlotte Lees, Joanne Peart, and Sylvia Valdez.
There being no one else from the public who wished to address the
Commission, the public comment was closed.
Mr. Covelli and Mr. Dorling had no cross-examination.
Mr. Dorling had no rebuttal.
Brief discussion by the Commission followed.
Ms. Jarjura stated if the developer had built something that was more in
conformance with the size of the lot, they would not be adversely affecting the
neighborhood; however, they are proposing something much larger than the lot can
support.
Vice Mayor Petrolia stated she is not going to support it because the
Applicant was fully aware of the rules that the Commission would be adhering to on the
dais.
Mr. Katz stated this would adversely affect the neighborhood and he
will not support it.
Deputy Vice Mayor Jacquet stated the building on that lot is not going
to be compatible with the lots next to it.
Mayor Glickstein stated he too will not support it because he feels the
waiver issue has been abused in this city.
At this point, Mr. Covelli gave a brief rebuttal.
Brief discussion between the City Attorney and Commission followed.
The City Attorney briefly reviewed the Board Order with the
Commission who made findings according to their consensus (attached hereto is a copy
and made an official part of the minutes).
Mr. Katz moved to deny the Final Subdivision Plat and Waiver
Request for Big Skinny Plat, seconded by Vice Mayor Petrolia. Upon roll call the
Commission voted as follows: Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms.
Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion to deny
the Final Subdivision Plat and Waiver Request for Big Skinny Plat passed with a 5 to
0 vote.
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8.C. FINAL PLAT APPROVAL/CHEROKEE PLAT: Motion to Approve a
final plat for a four (4) lot single family subdivision being platted as Cherokee Plat
located on the southwest corner of Swinton Avenue and N.W. 8th Street. (Quasi -Judicial
Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Vice Mayor Petrolia stated she received emails which are on the City's
server. Ms. Jarjura stated she received emails which are on the City's server and had a
telephone conversation with Ms. Kathy Alderman. Mr. Katz stated he received emails
which are on the City's server. Deputy Vice Mayor Jacquet stated he had no ex parte
communications to disclose. Mayor Glickstein stated he received emails which are on
the City's server.
Mark McDonnell, Assistant Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2015-076 into the record and presented
this item to the Commission. For the record, Mr. McDonnell stated Appendix "A"
Standards for Plat Actions attached to the Planning and Zoning Board staff is stated "not
applicable" for items `B" and "F" but it should read "meets intent of standard."
Mike Covelli, speaking on behalf of the Applicant, stated this plat has a
permitted density of five (5) units to the acre and when they looked the surrounding lots
and did an average of the frontages of those lots; however, they chose to do four (4) lots
because it was more consistent with the lots within the neighborhood. Mr. Covelli stated
by going from five (5) lots to four (4) lots they exceed all of the requirements, etc.
Mayor Glickstein asked if anyone from the public would like to speak in
favor or in opposition of Item 8.C., to come forward at this time. There being no one
from the public who wished to address the Commission, the public comment was closed.
There was no cross-examination or rebuttal.
Ms. Jarjura stated if the residents of Lake Ida and Swinton want to have a
historic district or want to rezone all of the Lake Ida property to the R -1 -AAA zoning
district, then they need to get together have each of the property owners sign off on. She
stated the City cannot impose other zoning districts on properties because half the
neighborhood is R -1 -AAA and the other half is R -1 -AA. Ms. Jarjura stated she supports
this because it conforms to the requirements of the City Code.
Mr. Katz stated he is reluctant but supports it only because of the law and
concurs with Commissioner Jarjura's suggestion that the people in the community get
together and potentially create a historic district and work with the City to make that
happen.
Vice Mayor Petrolia stated she concurs with comments expressed by
Commissioner Katz that she will support it because she has to support it and encouraged
the neighbors who are trying to make a difference to band together and look at the entire
neighborhood.
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06/02/15
Deputy Vice Mayor Jacquet had no comments.
Mayor Glickstein briefly discussed the history of Lake Ida and stated the
people in Lake Ida were not pleased with the incompatibility of the architectural style and
that was the catalyst then. He stated if the neighborhood is desirable of something
different perhaps this is the catalyst now to do something. Mayor Glickstein stated
although there may be reluctant agreement with this, the City is governed by these land
use laws and he supports it.
The City Attorney briefly reviewed the Board Order with the
Commission who made findings according to their consensus (attached hereto is a copy
and made an official part of the minutes).
Ms. Jarjura moved to approve Final Plat for Cherokee Plat, seconded by
Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Katz — Yes;
Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice
Mayor Jacquet — Yes. Said motion passed with 5 to 0 vote.
8.D. RESOLUTION NO. 06-15/DEPOT SQUARE APARTMENTS:
Motion to Adopt Resolution No. 06-15, vacating and abandoning a 30 -foot wide public
right-of-way known as N.W. 2nd Street located between Interstate -95 and the CSX
Railroad associated with Depot Square Apartments. (Quasi -Judicial Hearing)
The caption of Resolution No. 06-15 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING THE ROAD RIGHT-OF-WAY
DEDICATED BY THE MODEL SUBDIVISION PLAT
SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43
EAST, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE.
(The official copy of Resolution No. 06-15 is on file in the City Clerk's
office.)
The City Attorney stated this is a Quasi -Judicial Hearing and there is a
request for party status from Tom Mullen who represents John Quinn who is an adjacent
property owner and they meet the requirements for party status.
Ms. Jarjura moved to approve to grant the party status request, seconded
by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Ms. Jarjura —
Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet —
Yes; Mr. Katz — Yes. Said motion passed with a 5 to 0 vote.
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06/02/15
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Ms. Jarjura stated she has had conversations and meetings with Mr.
Mullen and his client, and has also had conversations and meetings with Bonnie Miskel,
Scott Backman who are representatives for the property owner. Vice Mayor Petrolia
stated she has had conversations with Bonnie Miskel and Mr. Mullen. Deputy Vice
Mayor Jacquet stated he received a telephone call from former elected official Tom
Carney about this issue. Mr. Katz stated he met with Mr. Mullen, Bonnie Miskel, the
applicant as well as the appellant. Mayor Glickstein stated he has nothing recent other
than emails.
Mark McDonnell, Assistant Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2015-006 into the record.
For the record, Mr. McDonnell noted that staff received a letter yesterday
from Mr. Mullen dated June 1St and received a letter dated May 29th from Mr. John
Gwynn, Depot Warehouse, LLC., and today staff received an email from Mr. Mullen
with respect to a tenant who is employed at the depot warehouse.
Mr. McDonnell gave a brief presentation to the Commission and there are
conditions listed in the staff report and those conditions have been addressed and are
deemed satisfied by the City's Engineering Department; they have indicated that all the
easements that they need have been provided and staff received approval by the Fire
Marshal. At its meeting of April 20, 2015, the Planning and Zoning Board recommend
approval and staff recommends approval.
Scott Backman, Attorney representing the Applicant, gave a brief
presentation and stated they are requesting to abandon a ten foot (10') strip; there was an
overlap; however, it was an error. Mr. Backman stated they are giving back exactly what
they are requesting to abandon. Mr. Backman stated they have tried to accommodate the
issues that have been raised by their neighbor with regard to their semi -tractor trailer
truck access; all other access (including fire access) can be accommodated without any
problem with the thirty feet that is going to exist as a result of this action.
Nathan Nason, Esq., Nason Yeager Gerson White & Lioce, P.A.,
Attorneys at Law, 7700 Congress Avenue, Suite #2201, Boca Raton, FL 33487,
Attorney representing Depot Warehouse, LLC. And stated they object to the
abandonment of this roadway. Mr. Nason stated it is inappropriate for them to utilize a
proposed fix for the impacts of their development by seeking to utilize portions of their
property in order to allow for permissible access to the back end of this development.
David Stewart, Engineer with Kimley-Horn (has practiced in Palm
Beach County for 37 years),'gave a brief explanation of the turning movements on and
off the property under both existing conditions and the proposed site plan.
John Gwynn, Depot Warehouse, briefly discussed the proposed current
site plan and stated he requested buffers for the property.
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06/02/15
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of Item 8.D., to come forward at this time.
The following individuals from the public came forward to speak: Alberto
(last name unknown) and Tom Head (Applicant). For the record, the Applicant stated the
sketches that Mr. Mullen and and Mr. Gwynn provided to Kimley-Horn are not the latest
iteration and displayed the correct sketches. Mr. Head stated the hammerhead was put in
because the Fire Department required it.
There being no one else from the public who wished to give testimony on
this item, the public comment was closed.
The following individuals gave a brief cross-examination: Randal
Krejcarek, Mark McDonnell and Scott Backman.
There was no cross-examination from the appellant.
City Staff gave the following rebuttal:
Mark McDonnell gave a brief rebuttal regarding the round -a -bout and
shaving off a piece of the landscape buffer along the row of parking immediately west
upwards of the Depot Warehouse. For the record, Mr. McDonnell stated with respect to
the access easement was not identified nor was any shaving off of an existing landscape
island and these would require a site plan modification.
Scott Backman gave a brief rebuttal.
Nathan Nason, Esq., requested Mr. Stewart (Engineer for the appellant)
come forward and briefly addressed the parking issues that were raised.
After brief discussion, the City Attorney stated in order to resolve this
problem three (3) actions have to occur: (1) Abandon the ten foot (10') strip on the
Northern half, (2) the City has to do a corrective Quit -Claim Deed and is categorized it as
a scrivener's error is because the City is conforming the legal to the way the plat
physically is drawn at this time (shifting the road ten feet south so that it aligns with the
way it is currently built and the way it is shown on the plat) and (3) a Special Warranty
Deed to replace the ten foot on the top with ten feet on the bottom.
Brief discussion between Mayor Glickstein and Mr. Mark Smiley (Civil
Engineer for the Applicant) followed with respect to the hammerhead and the right-of-
way.
Mayor Glickstein asked Mr. Stewart (Kimley-Horn) to confirm that the
hammerhead section to the left is in fact not encroaching on any parking area. Mr.
Stewart stated there are parking spaces there that are utilized on a daily basis and may not
be fully striped; there is additional asphalt which is shown as a cross -hatched area north
of the access easement and that area is utilized on a daily basis by the users of the site.
Mayor Glickstein stated if the fire truck needs to back out will it create a major hardship
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06/02/15
of that property. Mr. Stewart stated it is not a major hardship on the property; it occupies
space.
Brief discussion by the Commission, Mr. John Gwynn and Mr. Stewart
followed.
Mayor Glickstein stated he does not like the idea of a solution impacting
an adjacent property and the uncertainty that may create.
Mike Avirom, Avirom & Associates, Inc., 50 S.W. 2nd Avenue, Boca
Raton FL 33432 (Surveyor for 34 years), stated this is about fixing a surveying error.
Mr. Avirom stated the 1981 plat is ten feet south of where it should be and his survey is
based upon I-95 and it depicts 2nd Street in accord with I-95 and the deed into the City
from FDOT. Mr. Avirom stated when the deed came from the City to his client there was
an error made and the surveyor at that time started at a whole new point of beginning and
re -work this legal description and he made a ten (10') foot error; he did not use a deed of
record but used some other legal description.
Brief discussion between the Commission and Mr. Avirom followed.
Ms. Jarjura moved to approve Resolution No. 06-15 to abandon the road
right-of-way incorporating all the conditions placed by the Planning and Zoning Board,
seconded by Mr. Katz. Upon roll call the Commission voted as follows: Mayor
Glickstein — Yes; Vice Mayor Petrolia — No; Deputy Vice Mayor Jacquet — No; Mr. Katz
— Yes; Ms. Jarjura — Yes. Said motion to approve passed with a 3 to 2 vote, Vice Mayor
Petrolia and Deputy Vice Mayor Jacquet dissenting.
S.E. RESOLUTION NO. 08-15/HISTORIC INDUSTRIAL CENTER:
Motion to Adopt Resolution No. 08-15 authorizing a Corrective Quit Claim deed in
connection with the prior exchange of property at Historic Depot Square; and a Motion to
Accept a Special Warranty Deed from Depot Industrial Center, LLC for the dedication of
roadway located at Depot Road and N.W. 2nd Street.
The caption of Resolution No. 08-15 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CORRECTING
A SCRIVENER'S SURVEYING ERROR CONTAINED
IN THE LEGAL DESCRIPTION ATTACHED TO
RESOLUTION NO. 30-11 ADOPTED BY THE CITY ON
AUGUST 2, 2011 RELATING TO AN AGREEMENT
FOR THE EXCHANGE OF REAL PROPERTY AND
ABANDONMENT OF RIGHT-OF-WAY IN
CONNECTION WITH THE PLAT OF HISTORIC
DEPOT SQUARE; AUTHORIZING A CONVEYANCE,
BY CORRECTIVE QUIT CLAIM DEED, TO DEPOT
INDUSTRIAL CENTER, LLC. WITH THE
CORRECTED LEGAL DESCRIPTION; AND
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06/02/15
PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 08-15 is on file in the City Clerk's
office.)
The City Attorney stated this is the companion item to the previous item
and it has three elements; it is a resolution to correct a Quit Claim Deed and a Special
Warranty Deed that completes the relocation of the thirty foot (30') parcel.
Ms. Jarjura moved to approve Resolution No. 08-15, seconded by Mr.
Katz. Upon roll call the Commission voted as follows: Vice Mayor Petrolia — No;
Deputy Vice Mayor Jacquet — No; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein
— Yes. Said motion passed with a 3 to 2 vote, Vice Mayor Petrolia and Deputy Vice
Mayor Jacquet dissenting.
8.F. BID AWARD (BID NO. 2015-44) AND ADVANCED APPROVAL
OF FISCAL YEAR 2015 SPENDING GREATER THAN $25,000.00/0DUM'S
SOD, INC: Motion to Approve a bid award (Bid No. 2015-44) to Odum's Sod, Inc. for
Celebration Sod at Old School Square; and Motion to Approve annual spending to
Odum's Sod, Inc. in an amount not to exceed $65,000.00. Funding is available from
various accounts. This recommendation is in compliance with the Code of Ordinances,
Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding
$25,000.00 in Any Fiscal Year", and Section 36.02(C), "Direct Acquisitions Method".
The City Manager presented this item to the Commission.
Vice Mayor Petrolia inquired about the $65,000.00 the City spends on
sod per year. The City Manager noted that is what is anticipated; there was a technical
issue with this recommendation and he reduced it to that one item only and staff will
bring the rest of it back for the golf course at a later date.
Mr. Katz expressed concern if the City is using the right type of sod and
he suggested that going forward the City figure out a way where the City is not
replacing the sod at Old School Square so often. In his opinion, Mr. Katz stated the
reason the sod is in its current condition is a combination of the events that are being
held there (i.e. equipment used by these events) and potentially not using the correct sod.
Vice Mayor Petrolia concurs with comments expressed by
Commissioner Katz that the equipment required to be placed on the grass from events
held at Old School Square are contributing to poor condition of the sod.
Mr. Katz moved to approve the bid award 2015-44 to Odom's Sod, Inc.
for Celebration Bermuda Sod for Old School Square in the amount of plus/minus 20,000
square feet both purchase price and installation in an amount of $14,200.00, seconded
by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Upon roll
call the Commission voted as follows: Deputy Vice Mayor Jacquet — Yes; Mr. Katz —
Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said
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06/02/15
motion passed with a 5 to 0 vote.
8.G. CONTRACT AWARD/AQUIFER MAINTENANCE &
PERFORMANCE SYSTEMS, INC.: Motion to Approve a contract award to Aquifer
Maintenance & Performance Systems via Martin County Contract No. RFB2012-2540,
in an amount not to exceed $120,260.00 for the Production Well Rehabilitation Project
(Project No. 2015-019). This recommendation is in compliance with the Code of
Ordinances, Chapter 36, Section 36.02(C)(7), "Utilization of Other Governmental
Entities' Contracts". Funding is available from 442-5178-536-68.14 (Water and Sewer
Renewal and Replacement Fund: Renewal and Replacement Project/Other
Improvements/Production Well Rehabilitation).
Randal Krejcarek, Director of Environmental Services, presented this
item to the Commission.
Mr. Katz moved to approve an award to Aquifer Maintenance &
Performance Systems, Inc. utilizing an active contract with Martin County, Florida
(#RFB2012-2540), for performing rehabilitation services on raw water wells, at a cost
not to exceed $120,260.00, seconded by Vice Mayor Petrolia. Upon roll call the
Commission voted as follows: Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein —
Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said motion
passed with a 5 to 0 vote.
8.H. CHANGE ORDER NO. 5/SEALAND CONTRACTORS
CORPORATION FOR FEDERAL HIGHWAY BEAUTIFICATION: Motion to
Approve Change Order No. 5 with Sealand Contractors Corporation in the amount of
$19,607.96 for additional scope for the repair of pipe and roadway due to depressions,
landscaping and trench drain revisions, addition of tree stand pipes with grate, and
overrun of the pipe culvert contract line item, substitution of tree pit system and a fifteen
(15) day extension of time; to be paid out of the contract's Undefined General
Allowance; for the Federal Highway Beautification Project (Project No. 2009-009).
Mr. Krejcarek, Director of Environmental Services, presented this item to
the Commission and staff anticipates two (2) more change orders with this contract.
Ms. Jarjura inquired if staff expects those change orders to add
significant more time to the project. Mr. Krejcarek stated the close-out will not add a
significant amount of additional time; however, he will find out about the signalization.
Mr. Krejcarek stated that staff is hopeful that the one-way pair back will be converted
back to two-way around July/August.
Vice Mayor Petrolia moved to approve Change Order No. 5 to Sealand
Contractors Corp. in the net total amount of $19,607.96 for additional scope for the
repair of pipe and roadway due to depressions, landscaping and trench drain revisions,
addition of tree stand pipes with grate, and overrun of the pipe culvert contract line item,
substitution of tree pit system and a fifteen (15) day extension of time; to be paid out of
the contract's Undefined General Allowance; for the Federal Highway Beautification
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06/02/15
Project, seconded by Mr. Katz. Upon roll call the Commission voted as follows: Ms.
Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor
Jacquet — Yes; Mr. Katz — Yes. Said motion passed with a 5 to 0 vote.
8.I. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
8.J. NOMINATION FOR APPOINTMENT TO THE DELRAY BEACH
HOUSING AUTHORITY BOARD: Nomination for appointment of one (1) regular
member to serve on the Delray Beach Housing Authority Board to serve an
unexpired term ending July 14, 2016. Based on the rotation system, the nomination
for appointment will be made by Commissioner Katz (Seat #3).
Mr. Katz moved to nominate Morris Weinman to the Delray Beach
Housing Authority Board (DBHA) as a regular member to serve an unexpired term
ending July 14, 2016, seconded by Vice Mayor Petrolia. Upon roll call the Commission
voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice
Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes. Said motion passed with a 5
to 0 vote.
8.K. CITY ATTORNEY PERFORMANCE EVALUATION
Brief discussion ensued regarding the City Attorney's evaluation.
At this point, Mr. Katz moved to continue meeting past 11:00 p.m.,
seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice
Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — No; Mr. Katz — Yes; Ms. Jarjura —
Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 1 vote, Deputy Vice Mayor
Jacquet dissenting.
At this point, Deputy Vice Mayor Jacquet left the meeting.
8.L. CITY MANAGER PERFORMANCE EVALUATION
At this point, brief discussion ensued regarding the City Manager's
evaluation.
9. PUBLIC HEARINGS:
A. None
10. FIRST READINGS:
A. None
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06/02/15
11. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS.
11.A. City Manager
None.
U.B. City Attorney
The City Attorney stated at the next regular meeting he will invite Mr.
Furr to come in to provide a report to the City Commission with a strategy going forward
regarding the Auburn Trace case.
Secondly, the City Attorney stated last Thursday staff had another
negotiating meeting with the firefighters' and he believes there is general agreement on
most of the employment terms. However, the City Attorney stated they submitted a
pension proposal that is still very different from the city. The City Attorney stated to
their credit, the have ordered an actuarial study which will be available in a couple of
weeks and they believe that study will show it achieves a similar level of savings that the
city expects. Furthermore, the City Attorney stated when staff receives that report staff
will formulate a policy and shortly thereafter he may ask each Commissioner to discuss
possible strategies going forward.
11.C. City Commission
11.C.1. Commissioner Katz
Commissioner Katz stated improvements need to be made with the towing
RFP. The City Manager stated there are improvements that are going to be made.
Secondly, Commissioner Katz suggested that the Workshop meetings be
the Commission working with staff with the input from the community and the
stakeholders to come up with a decision and that it be similar to the board room. For
example, the front row of seats in the Commission Chambers be reserved for staff and
that they be required to be present for the entire Workshop meeting that way the
Commission interacts with staff so that staff gets their feedback and the Commission gets
their feedback and there is a very clear understanding of what staff needs to go back and
do (i.e. policy changes, etc.). Mayor Glickstein stated Commissioner Katz stated this is a
great point but he feels the problem is that public comment. Mayor Glickstein stated in
the past public comment was not allowed at Workshop meetings and there is no legal
requirement to do so. However, Mayor Glickstein stated there is a requirement to allow
public comment at special meetings and regular meetings. Commissioner Katz stated if
staff is made part of the discussion and to make them feel part of that decision, it will
help them feel empowered when they go back to make the policy that they were part of
that. In his opinion, Commissioner Katz stated a Workshop meeting should be the
Commission collaborating a little bit more with them and suggested that they try this next
week for the June 9, 2015 Workshop meeting.
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06/02/15
11.C.2. Commissioner Jariura
None.
11.C.3. Vice Mayor Petrolia
None.
11.C.4. Mayor Glickstein
Mayor Glickstein commended Deputy Vice Mayor Jacquet on his
commencement speech at the Daughter of Zion Graduation. Mayor Glickstein stated he
attended numerous graduations and it was the one that really spoke to not only the
graduates but their parents and was a heartfelt commencement address.
Secondly, Mayor Glickstein commended the CRA Board for pressing the
issue of the Arts District acquisition.
Mayor Glickstein commented about an email about a resolution that other
cities have passed about the Civil Rights ordinance and stated he asked the City Attorney
to place this on an Agenda for Commission consideration.
With respect to the Federal Highway Beautification Project, Mayor
Glickstein stated the sabal palms were found to be in compliance with specifications and
good quality. Mayor Glickstein stated that may be true; however, he there is a straight
tree and a crooked tree looks dumb. For example, Mayor Glickstein stated the benches
looking at a wall meet the specifications too and that is not what he wants to see. Mayor
Glickstein stated he expressed a specific problem that he believes that most reasonable
people could see (i.e. straight tree, crooked tree). Mayor Glickstein suggested that there
should either be two crooked trees or two straight trees. Mayor Glickstein stated he not
only asked about whether or not the landscaping is in compliance at Delray Place but he
also asked about the retaining wall and stated it looks cheap to have pressure treated
dowse under the structural improvements that they made. The City Manager stated staff
does not have a final report yet.
Mayor Glickstein asked what the City Manager meant with respect to the
facility study coming in high. The City Manager stated the facilities study came in at
three quarters of a million dollars and they included all properties but the City really just
needs an evaluation of the buildings. The City Manager stated staff knows where the
properties are from the property list and staff is reconfiguring that pursuant to the
Purchasing regulations to put that out and get a new proposal that is more realistic of
what we need. Mayor Glickstein asked if staff is also addressing disposition of assets
too. The City Manager stated staff is addressing disposition of assets as well.
With respect to the towing RFP, Mayor Glickstein stated he is hearing the
same things that everyone heard with the Waste Management where there was a bias
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06/02/15
towards the existing vendor. Mayor Glickstein stated the object is to cast as wide a net as
possible. Vice Mayor Petrolia stated the issue that has followed this that is just as
important in the entire process is the Selection Committee. Mayor Glickstein stated he
does not want to see any of the staff bias that the City had before.
Mayor Glickstein stated the Commission received a memorandum from
Michael Coleman that there are still five (5) restaurants that are still not in compliance.
The City Manager stated staff will follow the ordinance and these restaurants are being
cited.
Mayor Glickstein stated he will not be here for the June 9t' Workshop
meeting and with respect to the special events he encouraged the City Commission to talk
to residents, business owners, and to the people out west who are seeing these things
from a different perspective. Mayor Glickstein stated the merits of which events the City
has or does not have as long as the conversation is intellectually honest it will help the
City get there. In other words, Mayor Glickstein stated there is nothing wrong for a City
agency to say they need this event because the revenue is the lifeblood of our agency or
that they cannot survive without this. However, Mayor Glickstein stated he does not
want to hear an agency say they need to hold a special event because it is supporting local
business when it is not. Mayor Glickstein stated the businesses he spoke to on Atlantic
Avenue on economically neutral meaning that whatever they are gaining they are losing;
however, many businesses are saying that at this point it is economically negative. Mayor
Glickstein stated everyone has talked about looking for unique opportunities that do not
tax our city resources and that do not put businesses out of business temporarily. He
stated he does not want to discourage those people with respect to wellness issues and
athletic events. The City Manager stated this is intended for the high impact to the
intermediate type events; the low impact events or events that are contained in a
particular location would not apply. At this point, Commissioner Jarjura stated the
Commission is just asking to have some order and regulation and look at who the user is
and look at what the impacts are (i.e. is it a resident geared event or is it for local
businesses). She stated there may be an area of the city that needs events and feels there
is a lot of misinformation out there of what the City is trying to do and accomplish.
Lastly, Mayor Glickstein stated in reviewing the Comprehensive Plan it is
strangely silent regarding wellness in general for the city and that is something that
should be looked at. Furthermore, Mayor Glickstein stated education is lacking in the
Comprehensive Plan and it should be an objective in the Comprehensive Plan that our
students are at grade level reading. Mayor Glickstein stated the Comprehensive Plan
needs to be re-evaluated so that from a policy objective that is always part of the
conversation.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 12:02 a.m.
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06/02/15
ATTEST:
L,M/AY0R --..
City Clerk
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on June 2, 2015, which Minutes were formally approved and adopted by the City
Commission on June 7, 2016.
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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06/02/15
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
PLAT AND WAIVER REQUEST FOR BIG SKINNY PLAT
LOCATED AT 528 NW 1St AVENUE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The waiver request regarding the Big Skinny Plat, located at 528 NW 1st
Avenue, a 0.209 acre residential parcel has come before the City Commission on June
2, 2015.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for Big Skinny Plat.
All of the evidence is a part of the record in this case.
I. Waiver: Pursuant to LDR Section 4.3.1(D), Application of District Regulations,
no yard or lot existing at the time of the passage of this chapter shall be reduced in area
or dimensions below the minimum requirements set forth herein. Lots or yards created
after October 1, 1990 shall meet the minimum requirements established by this chapter
unless the City Commission declares at the time of approval of an associated
development application that it is necessary and appropriate to create such a
nonconformity. The applicant has requested a waiver to reduce the lot frontage from the
required 75' to 50', to reduce the lot width from the required 75' to 50' and the lot area
from the required 9,500 sq. ft. to 9,115 sq. ft., as specified in LDR Section 4.3.4(x).
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) shall not adversely affect the neighboring area;
(b) shall not significantly diminish the provision of public facilities;
(c) shall not create an unsafe situation; and
06/02/2015 Regular City Commission Meeting
Item 8.6.
Big Skinny Plat: Board Order
June 2, 2015
(d) does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner.
Has a finding been made to LDR Section 2.4.7(B)(5) to reduce the lot
frontage from the required 75' to 50', to reduce the lot width from the
required 75' to 50' and to reduce the lot area from the required 9,500 sq. ft.
to 9,115 sq. ft.?
Yes No X
3. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the Big Skinny Plat. All of the evidence
is a part of the record in this case.
I. Consistency: The performance standards set forth in LDR Section 3.2.3, and
outlined in Appendix A of the Plat review, shall be the basis upon which a finding of
overall consistency is to be made.
Plat?
Has a finding of overall consistency been made for the Big Skinny
Yes No X
Il. Required Findings: Pursuant to LDR Section 3.1.1, Required Findings, prior to
approval of development applications, certain findings must be made in a form which is
part of the official record. This may be achieved through information in the application,
the staff report, or minutes. Findings shall be made by the body which has the authority
to approve or deny the development application. These findings relate to Future Land
Use Map Consistency, Concurrency and Consistency with the Comprehensive Plan,
and Compliance with the Land Development Regulations.
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06/02/2015 Regular City Commission Meeting
Item 8.13.
Big Skinny Plat: Board Order
June 2, 2015
Have the required findings been made for the Big Skinny Plat?
Yes No X
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the Final Plat was submitted and finds that its
determinations set forth in this Order are consistent with the Comprehensive Plan.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses which supports the findings set forth in this Order.
6. Based on the entire record before it, the City Commission approves
denies X the waiver request and hereby adopts this Order this 2"d day of June,
2015, by a vote of 5 in favor and
ATTEST:
Chevelle,'Nubin, C ty`.t,ierk
Approved as,to legal fprm
and suffiriency
City Attorney
Department Head:
k
Timothy Stillings
0 opposed.
Cary D. Glic ' Mayor
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06/02/2015 Regular City Commission Meeting
Item 8.6.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
FINAL SUBDIVISION PLAT APPROVAL
REQUEST FOR CHEROKEE PLAT
LOCATED AT 710 NORTH SWINTON AVENUE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The final subdivision plat approval request regarding the Cherokee Plat, located
at 710 North Swinton Avenue, a 1.247 acre residential parcel has come before the City
Commission on June 2, 2015.
2. The Applicant and City staff presented documentary evidence and testimony to
the City Commission pertaining to the plat approval for the Cherokee Plat. All of the evidence
is a part of the record in this case.
1. Plat Approval: The required findings for approval are hereto attached as "Exhibit A".
Should the plat for the Cherokee Plat be granted?
Yes X No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original plat was submitted.
4. The City Commission finds there is ample and competent substantial evidence to
support its findings in the record submitted and adopts the facts contained in the record
including but not limited to the staff reports, testimony of experts and other competent witnesses
which supports the findings set forth in this Order.
5. Based on the entire record before it, the City Commission approves X denies
the plat approval and hereby adopts this Order this 2nd day of June, 2015, by a vote of
5 in favor and 0 opposed.
of
ATTEST:
Chevelle Nubin, City Clerk
Cary D. Gli st ' , Mayor
06/02/2015 City Commission Regular Meeting
Item 8.C.
Approved as to legal form
and sufficiency:
City Attorney
Department Head:
Timothy Stillings
06/02/2015 City Commission Regular Meeting
Item 8.C.
Exhibit A
PLAT FINDINGS
Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of
development applications, certain findings must be made in a form which is part of the official
record. This may be achieved through information in the application, the staff report, or
minutes. Findings shall be made by the Board to approve or deny the development application.
These findings relate to Future Land Use Map, Concurrency, and Consistency with the
Comprehensive Plan, and Compliance with the Land Development Regulations.
1. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or
structures must be allowed in the zoning district within which the land is situated and said
zoning must be consistent with the applicable land use designation as shown on the Future
Land Use Map.
The subject property has a Future Land Use Map designation of LD (Low Density 0 to 5 du/ac),
and is zoned R -1 -AA (Single Family Residential). Pursuant to LDR Section 4.4.6(8) (3), within
the R -1 -AA zoning district, single family structures are allowed as a permitted use. The R -1 -AA
zone district is consistent with the LD Future Land Use Map designation. Based upon the
above, it is appropriate to make a positive finding with respect to consistency with the Future
Land Use Map.
2. Section 3.1.1 (B) — Concurrency: Pursuant to Section 3.1.1(B), Facilities which
are provided by, or through, the City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of
service established within the Comprehensive Plan.
Water and Sewer:
Water and sewer services will be provided via service lateral connections to the existing 10"
water main in N. Swinton Avenue, an 8" water main in NW 18t Avenue and 8" sanitary sewer
mains in N. Swinton Avenue and NW 18t Avenue. Fire protection will be provided by one fire
hydrant located on the northwest corner of NW 8th Street and NW 1st Avenue. Pursuant to the
Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and
the South Central County Waste Water Treatment Plant for the City at build -out. Based upon
the above, positive findings can be made with respect to this level of service standard.
Drainage:
Drainage will be accommodated on site via 6" deep swales between the lots varying in widths
from 4' wide to 8' wide. There should be no impact on drainage as it relates to this level of
service standard.
Streets and Traffic:
The applicant submitted a traffic impact statement indicating the trips generated for the existing
single family residential development is 10 total daily trips with (1) AM peak hour trips and (2)
PM peak hour trips. The traffic statement stated the proposed conversion to 4 single family lots
will generate 40 daily trips with (6) AM peak hour trips and (6) pm peak hour trips. This
conversion generates 30 more daily trips, 2 more AM peak hour trips and 4 more PM peak hour
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06/02/2015 City Commission Regular Meeting
Item 8.C.
trips when compared to the existing use. Swinton Avenue has a capacity of 16,200 Average
Daily Trips (ADT) and in 2014, Swinton Avenue had an ADT of 16,069. Based upon the
submitted traffic statement, the additional 30 daily trips would still be below the 16,200
threshold; therefore a positive finding with respect to this level of service standard.
Parks and Recreation Facilities:
The proposed units will not have a significant impact with respect to level of service standards
for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, whenever a
development is proposed upon land which is not designated for park purposes in the
Comprehensive Plan, an impact fee of $500.00 per dwelling unit will be collected prior to
Issuance of building permits for each unit. A park impact fee of $2,000.00 will be required of this
development.
Solid Waste:
The proposed 4 residential units will generate 2.08 tons of solid waste per year (4 units x 0.52
tons = 2.08 tons). Since the property contains an existing single family residence, there will be a
net increase of 1.56 tons of solid waste generated by the development, The Solid Waste
Authority has indicated that its facilities have sufficient capacity to handle all development
proposals till the year 2046, thus a positive finding with respect to this level of service standard
can be made.
School Concurrencv:
A letter indicating that the project meets the concurrency standards from the Palm Beach
County School District is required, and thus, it is attached as a condition of approval.
3. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for
Determining Consistency), the performance standards set forth in Section 3,2.3 (Standards for
Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to
be made. As described below, a positive finding for consistency can be made as it relates to
standards for plat actions.
Section 3.2.1 Basis for Determining Consistency: The performance standards set forth in
this Article. either reflects a policy from the Comprehensive Plan or a principle of good planning
practice. The performance standards set forth in the following sections as well as compliance
with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be
the basis upon which a finding of overall consistency [Section 3.1.1(C)j is to be made_
However, exclusion from this Article shall not be a basis for not allowing consideration of other
objectives and policies found in the adopted Comprehensive Plan in the making of a finding of
overall consistency.
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06/02/2015 City Commission Regular Meeting
Item 8.C.
Section 3.2.3 Standards for Site Plan and/or Plat Actions:
(A) Building design, landscaping, and lighting (glare) shall be such that they do not
create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not
Applicable
(B) Separation of different forms of transportation shall be encouraged. This
includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under
Objectives D-1 and D-2 of the Transportation Element. Not Applicable
(C) Open space enhancements as described in policies found under Objective B-1,
of the Open Space and Recreation Element are appropriately addressed. Not Applicable
(D) The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If it is determined that the widening or
modification will be detrimental and result in a degradation of the neighborhood, the project shall
not be permitted. Not applicable
(E) Development of vacant land which is zoned for residential purposes shall be
planned in a manner which is consistent with adjacent development regardless of zoning
designations. Meets intent of standard
(F) Vacant property shall be developed in a manner so that the future use and
intensity are appropriate in terms of soil, topographic, and other applicable physical
considerations; complementary to adjacent land uses; and fulfills remaining land use needs.
Meets intent of standard
(G) Redevelopment and the development of new land shall result in the provision of
a variety of housing types which shall continue to accommodate the diverse makeup of the
City's demographic profile, and meet the housing needs identified in the Housing Element. This
shall be accomplished through the implementation of policies under Objective B-2 of the
Housing Element. Meets intent of standard
(H) The City shall consider the effect that the proposal will have on the stability of
nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes, and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability,
and stability of residential areas. If it is determined that a proposed development will result in a
degradation of any neighborhood, the project shall be modified accordingly or denied. Meets
intent of standard
(1) Development shall not be approved if traffic associated with such development
would create a new high accident location, or exacerbate an existing situation causing it to
become a high accident location, without such development taking actions to remedy the
accident situation. Meets intent of standard
(J) Tot lots and recreational areas, serving children from toddler to teens, shall be a
feature of all new housing developments as part of the design to accommodate households
having a range of ages. This requirement may be waived or modified for residential
developments located in the downtown area, and for infill projects having fewer than 25 units.
Not applicable
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06/02/2015 City Commission Regular Meeting
Item 8.C.
Comprehensive Plan Policies:
A review of the goals, objectives, and policies of the adopted Comprehensive Plan was
conducted and the applicable Objective was noted:
There are no special physical or environmental characteristics of the land that would be
negatively impacted by the proposed single family subdivision. The Housing Element of the
Comprehensive Plan calls for the provision of infill housing as well as the development of
property to provide a variety of housing types. This development proposal fulfills these needs.
The subject property contains an existing single family residence. The property is part of a
residential zoning district with a similar density. All developments adjacent to the subject
property to the north, south, east and west are zoned R -1 -AA (Single Family Residential) and
consists of parcels of single family units. In terms of intensity, there will be no further impact on
the neighborhood or municipal services. There are no special physical or environmental
characteristics of the land that would be negatively impacted by the proposed single family
development.
Housing Policy A-11.3: In evaluating proposals for new development or redevelopment,
the City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
As noted previously, the development proposal involves the subdivision of a large single family
lot into four (4) single family lots. In terms of the compatibility, the proposed redevelopment will
not have a negative impact on the surrounding neighborhood as the proposed new lots conform
to the current minimum lot standards with respect to the R -1 -AA zoning district.
The subject property is part of a residential zoning district with a similar density. Based upon the
Palm Beach County Trip Generation Rates, the trips generated for the development will be 40
total daily trips. These trips can be accommodated in the adjacent roadway system.
Based upon the above, the proposed development will not negatively impact the stability of the
adjacent residential areas. Due to the size of the proposed development (4 total lots), staff does
not anticipate any problems with street and traffic concurrency. A letter from Palm Beach
County Traffic Division indicating that the project meets the traffic performance standards of
Palm Beach County needs to be provided, and thus, this is attached as a condition of approval.
Open Space and Recreation Element Policy A-3.1: Tot lots and recreational areas,
serving children from toddlers to teens, shall be a feature of all new housing
developments as part of design to accommodate households having a range of ages.
This requirement may be waived or modified for residential developments located in the
downtown area, and for infill projects having fewer than 25 units. The City may require a
monetary contribution in -lieu of the provision of on-site facilities where appropriate.
The proposed development has only 4 single family lots. Due to the size of the lot and its
configuration, it is not feasible to accommodate a larger range of recreational facilities. As there
are only 4 -Lots, it is not practical to require a common tot lot or recreation areas/swimming
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06/02/2015 City Commission Regular Meeting
Item 8.C.
pools. Because the proposed development has fewer than 25 units it is reasonable to exempt
this development from this standard.
4. Section 3.1.1(D) — Compliance with the Land Development Regulations:
L LDR Section 5.3.1(Right-of-Way Dedication):
North Swinton Avenue, NW 8th Street and NW 1St Avenue: Pursuant to LDR Section
5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate
right-of-way width for Swinton Avenue (NE 22nd Street to South 10th Street) is 60'. The
current right-of-way width for this section of Swinton Avenue from the property line to
street centerline is 15'. An additional 18' has been dedicated for Swinton Avenue. For
local residential streets with curb and gutter, the required right-of-way width is 50'. The
existing right-of-way width for NW 8th Street is 18' from property line to road centerline.
An additional 7' has been dedicated for this section of NW 8th Street. The existing right-
of-way width for NW 1St Avenue is 18.5' from property line to road centerline. An
additional 6.5' has been dedicated for this section of NW 1St Avenue.
ii. LDR Section 6.3.1 (Sidewalks)
Pursuant to LDR Section 6.1.3(B)(1), a 5' -wide sidewalk is required along the south side
of NW 8th Street and along the east side of NW 1St Avenue, A 5 -foot wide sidewalk will
be constructed within the right-of-way for NW 8th Street and NW 1St Avenue with
development of each single family residence.
iii. LDR Section 4.3.4(K) (Development Standards Matrix):
The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it
pertains to the R -1 -AA (Single Family Residential) zone district:
Lot Size (Square Feet) Lot Widdi Lot Depth Lot FrontnQe
Interior/Corner anterior/Corner
Minimum Required 9,500 75'/95' 100' 75'/95'
Proposed Lot 1 14,677 95' 154.50' 95'
(Corner Lot)
Proposed Lot 2 11,495 95' 121' 95'
Corner Lot
Proposed Lot. 3 9,559 79' 121' 79'
Proposed Lot 4 12,206 79' 154.50' 79'
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06/02/2015 City Commission Regular Meeting
Item 8.C.